Legal Question in Criminal Law in New Jersey

Can a Municipal Court convict me of a 2C: 14-4 if I have already been convicted of the same charge in Superior Court? Is this considered double jeopardy? I was sentenced in 2009 to probation and completed three years, all fines were paid in full.

I was recently arrested and detained in the County Jail, bail was posted and court date scheduled for the 30th. The warrant was issued by the Municipal Court in 2013 after a year of completing my sentence from Superior Court. From what I understand the court must commence the charge within one year, it is now six years later. Just to be clear I did not have any other charges pending, nor have I been charged with any other crime since then.

I have paper work from Probation Department stating that probation was completed and fines were paid. I also have papers from State Prosecutors Office that I was convicted and sentenced of the same charge.

I do believe it was some kind of error since the original case bounced back from Municipal to Superior several times when finally Superior accepted it, maybe Municipal did not clear it from the system. Is there any civil claims here?


Asked on 3/19/15, 9:15 am

1 Answer from Attorneys

Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Why don't you discuss this with the lawyer that represented you in superior court?

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Answered on 3/19/15, 9:36 am


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